R v Papandrea [1999] NSWSC 978

R v Papandrea [1999] NSWSC 978

The prisoner was sentenced for manslaughter by unlawful and dangerous act, acknowledging that although there was no intent to kill or cause grievous harm, the conduct in firing a loaded, cocked shotgun at close proximity to the deceased was objectively a dangerous act that caused death. Special circumstances were found due to the prisoner's need for ongoing supervision related to drug and alcohol abuse and in the interests of his rehabilitation.

Parties
Prosecution: Regina; Prisoner: Andrew James Papandrea
Jurisdiction
Australia
Judgment Date
24 September 1999
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Manslaughter, Sentencing, Unlawful and Dangerous Act
Criminal Law Manslaughter Sentencing Unlawful and Dangerous Act

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Andrew James Papandrea

Prisoner

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter by unlawful and dangerous act
  2. 2 Whether special circumstances justify modification of sentence structure

Ratio Decidendi

The prisoner was sentenced for manslaughter by unlawful and dangerous act, acknowledging that although there was no intent to kill or cause grievous harm, the conduct in firing a loaded, cocked shotgun at close proximity to the deceased was objectively a dangerous act that caused death. Special circumstances were found due to the prisoner's need for ongoing supervision related to drug and alcohol abuse and in the interests of his rehabilitation.

Court Disposition

convicted and sentenced

Orders

  • The prisoner is sentenced to a total of nine years penal servitude.
  • A minimum term of six years is to commence on 10 August 1999 and expire on 9 August 2005.